NY Surrogacy Law

New York Surrogacy Laws 101: Everything You Need to Know

New York State’s comprehensive surrogacy legislation (The Child Parent Security Act- CPSA) went into effect on Feb 15, 2021. Every New York prospective surrogate and intended parent must have a basic understanding of this law before embarking on their surrogacy journey. It’s crucial for you to work with professionals who can guide you through the process and ensure you understand the related risks and benefits. Fortunately, the surrogacy attorneys at Rumbold & Seidelman have the knowledge and expertise required to help. We were the principal drafters of New York’s surrogacy law, (called the Child-Parent Security Act (CPSA)), and Denise was the primary liaison between the legislative bill sponsors, the Governor’s office, and the Building Modern Families Coalition which formed to gain passage of the bill.

Whether you are a prospective surrogate or intended parent, you can contact our law firm to learn more about the surrogacy process in New York and determine whether it’s the right option for you. Our attorneys can be reached at 914-779-1050 or you can complete our online form.. In the meantime, you can find some basic information about New York surrogacy laws below.

The Child Parent Security Act (CPSA) Explained

The CPSA is comprehensive legislation, addressing the parentage of all children born though third-party reproduction, with the exception of children born through “traditional surrogacy arrangements (where the surrogate uses her own egg). The CPSA is notable for the detailed protections afforded surrogates, the requirement that surrogacy matching programs doing business in New York be licensed, and the mandatory regulatory reporting requirements imposed on surrogacy matching programs and assisted reproduction service providers. In fact, the New York CPSA is one of the most comprehensive and protective surrogacy statutes in the country.

What you should know about the CPSA

1. The CPSA only applies to gestational surrogacy.

Traditional (genetic) compensated surrogacy agreements continue to be prohibited, severely sanctioned (indeed, criminal) and remain unenforceable.

2. The CPSA is gender and marriage neutral.

married as well as unmarried couples (same sex and different sex) and single intended parents can obtain a court order declaring them the only legal parent of their child.

3. Representation by New York independent legal counsel required.

The parties to a New York surrogacy agreement must be represented by separate legal counsel, both of whom must be licensed in the state of New York. Legal representation is required from the start of the contractual process until the surrogacy arrangement is complete.

4. Surrogate must be provided with the Surrogate’s Bill of Rights.

The parties to the surrogacy arrangement must be provided with written notice of the Surrogate’s Bill of Rights when they consult with a surrogacy matching program.

5. Who is eligible to be a gestational carrier?

The parties to the surrogacy arrangement must be provided with written notice of the Surrogate’s Bill of Rights when they consult with a surrogacy matching program.

Must be at least 21 years of age
Must be a United States citizen or a lawful permanent resident
Must be a New York State resident for at least 6 months where at least one Intended Parent is not a resident
Must not have provided the egg used in conception
Must have completed a medical evaluation with a health care practitioner
Must have given fully informed consent
Must have been represented by New York legal counsel in negotiating the contract, its execution and throughout the duration of the contract
Must have a comprehensive health insurance policy (as detailed in the statute) that takes effect prior to taking any medication or “commencing any treatment to further the embryo transfer.” The insurance coverage must extend throughout the duration of the pregnancy and for twelve months after the birth of the child, a stillbirth, a miscarriage, or termination of the pregnancy”
Must have a life insurance policy (the details of which are set forth in the statute) that takes effect prior to taking any medication or the commencement of medical procedures to further the embryo transfer

6. Who is eligible to be an intended parent?

At least one intended parent is a United States citizen or a lawful permanent resident
At least one intended parent has been a New York State resident for least six months- if the gestational carrier has not been a New York State resident for at least six months
Must have been represented by independent legal counsel in negotiating the contract and throughout the duration of the contract
Can be either single, married or have an intimate partner
Adult spouses must jointly enter into a Surrogacy Agreement unless they are living separate and apart pursuant to a Decree or Judgment of Separation or pursuant to a written Agreement of Separation; or if they document that have been living separate and apart for at least three years prior to execution of the surrogacy agreement

7. What are the basic requirements of an enforceable Surrogacy Agreement?

The surrogacy agreement must be signed by all participants before the surrogate takes any medication or commences any medical procedures in the furtherance of embryo transfer.
The right of the surrogate to make all health and welfare decisions regarding herself and her pregnancy.
The right of the surrogate to utilize the services of a health care practitioner of her own choosing.
The right of the surrogate to terminate, reduce or continue the pregnancy.
The right of the surrogate to request and receive counseling paid for by the Intended Parents.
The right of any party to terminate the agreement any time before the surrogate achieves a pregnancy.

8. Surrogacy Matching programs operating in New York must be licensed by the New York State Department of Health.

The CPSA requires all matching programs operating in New York to be licensed by the state. The New York State Department of Finance and the Department of Health also implemented regulations imposing “best practices” on surrogacy professionals.The CPSA requires all matching programs operating in New York to be licensed by the state. The New York State Department of Finance and the Department of Health also implemented regulations imposing “best practices” on surrogacy professionals.

9. New York will create a voluntary registry of surrogates.

The Department of Health is charged with creating a voluntary tracking registry to gather data on the long-term impact of surrogacy.

The CPSA is an important step forward for New Yorkers and Rumbold & Seidelman is proud to have played an important role in gaining its passage. Our attorneys can help guide you through the New York surrogacy process with as much legal protection as possible. For more information on how surrogacy laws in New York may apply to your situation, please call our law firm at 914-779-1050 or complete our online form.